(1.) THIS writ petition has been filed by the wife of Mr Mukesh Nagindas Vora, who is sought to be detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the „COFEPOSA '). The said detention order which is sought to be challenged was passed by the respondent No. 2 [Joint Secretary, Government of India, Ministry of Finance, Department of Revenue (COFEPOSA) Section] New Delhi. Although the detention order and consequently the grounds of detention are not on record because the same have not yet been served on Mukesh Nagindas Vora, it is an admitted position that such a detention order has been passed on 13.03.2001.
(2.) HOWEVER , a copy of the detention order dated 07.03.2001 passed in the case of the co-detenu Iqbal Mohan Amritlal Mehra as well as the grounds on which the said detention order was issued in respect of the said co-detenu, have been placed on record as annexures P-3 and P-4 to the writ petition. It is the case of the petitioner that the grounds for detention in respect of the co-detenu Iqbal Mehra are virtually identical to the grounds for detention pertaining to the petitioner 's husband. It was pointed out by the learned counsel that the co-detenu 's matter was taken up by the Advisory Board and by an order dated 23.05.2001, the Central Government, after having considered the report of the Advisory Board, revoked the detention order and directed that Mr Iqbal Mehra be released from the COFEPOSA detention forthwith. The report of the Advisory Board revealed that the retraction of the co-detenu Mr Kiran Vora made on 28.02.2001 had not been placed before the detaining authority prior to the issuance of the detention order. According to the said report of the Advisory Board, the said document was a vital document which ought to have been placed before the detaining authority. The view taken by the Advisory Board was that the non-placement of the said document before the detaining authority and consequent non-consideration thereof impaired the satisfaction arrived at by the detaining authority resulting in vitiating the order of detention. Consequently, the Advisory Board came to the conclusion that, inter alia, the non-consideration of the retraction statement of the co-detenu Mr Kiran Vora vitiated the order of detention and, therefore, the detention of Iqbal Mehra, under the provisions of COFEPOSA could not be justified. The Advisory Board was, therefore, of the opinion that sufficient cause did not exist for the detention of Mr Iqbal Mehra. On 22.05.2001 itself, the Advisory Board, for the reasons recorded in the report relating to the co-detenu Iqbal Mehra, was also satisfied that the detention order has not been rightly made against another co-detenu, Mr Kiran Nagindas Vora. The Advisory Board, therefore, gave its opinion that sufficient cause did not exist for the detention of the said Mr Kiran Nagindas Vora. Consequently, the Central Government revoked the detention order even in respect of Mr Kiran Nagindas Vora by an order dated 23.05.2001.
(3.) TWO further statements are alleged to have been made by Mr Kiran Vora on 24.02.2001 and 25.02.2001 as would be clear from paragraph 17 of the grounds of detention of the co-detenu Mr Iqbal Mehra. The earlier two statements, that is, of 30.08.2000 and 03.10.2000 had been retracted by Mr Kiran Vora on 13.02.2001. It is, thereafter, that the other two statements of 24.02.2001 and 25.02.2001 had allegedly been given by Mr Kiran Vora. However, even these two statements were retracted by Mr Kiran Vora on 28.02.2001 as would be apparent from the opinion of the Advisory Board in the case of Iqbal Mehra. It is the non-placement of this retraction dated 28.02.2001 which led to the revocation of the detention orders in respect of the co-detenus Iqbal Mehra and Kiran Vora. The learned counsel for the petitioner submitted that it is in the alleged statements of Mr Kiran Vora dated 24.02.2001 and 25.02.2001 that there are serious allegations against the petitioner 's husband (Mukesh Vora) and it is in these statements that the latter 's alleged role has been given in detail. Therefore, the retraction letter of 28.02.2001 retracting these statements was a material document insofar as Mukesh Vora was concerned. It is apparent from paragraph 25 of Iqbal Mehra 's grounds of detention that it is only the retraction letter of 14.02.2001 which has been considered by the detaining authority. There being no mention of the retraction letter of 28.02.2001 retracting the subsequent statements dated 24.02.2001 and 25.02.2001.